Massachusetts Landlord-Tenant Recording Laws

Landlord-tenant disputes in Massachusetts often lead both sides to consider recording interactions for evidence. The problem is that Massachusetts has one of the strictest recording laws in the country. Under Mass. Gen. Laws ch. 272, Section 99, secretly recording any conversation is a felony carrying up to 5 years in state prison and a $10,000 fine. There is no misdemeanor option. This applies equally to tenants recording landlords and landlords recording tenants.

This guide covers the rules for recording in rental properties, security camera placement, tenant and landlord rights, and how to legally document housing disputes in Massachusetts.

Recording Conversations Between Landlords and Tenants

The Core Rule

Neither landlords nor tenants can secretly record conversations with each other. The Massachusetts wiretap statute makes no exception for housing disputes, maintenance disagreements, or lease negotiations. If you want to record a conversation with your landlord or tenant, you must tell them before the conversation begins.

How Tenants Can Legally Record

If you are a tenant who wants to document interactions with your landlord:

1. Announce the recording before any substantive conversation. Say something like "I am going to record this conversation."
2. Place the recording device in plain view so the landlord can see it.
3. Record from the beginning of the conversation. Do not start recording partway through and then announce it later.
4. The landlord does not need to agree. Massachusetts law targets secrecy, not consent. If the landlord knows about the recording, it is legal even if the landlord objects.

If the landlord says "I do not want to be recorded" and leaves, you have not violated the law. The landlord chose to end the conversation. If the landlord stays and continues talking despite knowing about the recording, the statute is satisfied.

How Landlords Can Legally Record

Landlords who want to record interactions with tenants follow the same rules:

1. Disclose the recording before any conversation begins
2. Keep recording equipment visible
3. Document the disclosure in your records
4. Never use hidden recording devices during inspections, maintenance visits, or lease discussions

Common Scenarios

Legal: A tenant tells the landlord "I am recording this" before discussing a maintenance complaint. The landlord continues the conversation. The recording is lawful.

Illegal: A tenant hides a phone in a pocket to secretly record the landlord during an apartment inspection. This is a felony regardless of the tenant's reasons.

Legal: A landlord calls a tenant and says "I am recording this call about your lease renewal." The tenant stays on the line.

Illegal: A landlord installs a hidden audio recorder in a tenant's apartment to monitor complaints about building conditions. This is a felony and also violates tenant privacy rights.

Security Cameras in Rental Properties

Landlord-Installed Cameras

Massachusetts landlords may install security cameras in rental properties under specific conditions:

Permitted locations (with signage):

• Building entrances and exits
• Lobbies and common hallways
• Parking garages and lots
• Laundry rooms (visible cameras, no audio)
• Exterior areas of the property

Prohibited locations (always illegal):

• Inside individual tenant apartments or units
• On balconies or patios assigned to specific units
• Inside bathrooms or restrooms
• In areas where tenants undress or engage in private activities
• Any location where a hidden camera captures audio

Audio on Common Area Cameras

If a landlord installs security cameras with audio recording capability in common areas, Section 99 requires that all persons whose conversations may be captured know about the recording. Landlords must:

• Post visible signage specifically noting that audio and video recording is in progress
• Include camera and recording disclosures in lease agreements
• Ensure signage is posted at every entrance to monitored areas
• Disable audio on cameras in areas where comprehensive disclosure is impractical

Simply posting a "video surveillance" sign is not sufficient if the cameras also record audio. The signage must alert people to the audio recording component.

Tenant-Installed Cameras

Tenants generally have the right to install security cameras inside their own rental units and at their own entry points (such as a doorbell camera on the door of their unit). Tenants should:

• Check their lease for any provisions about camera installation
• Ensure cameras do not point into common areas in a way that captures other tenants' conversations
• Follow the same audio disclosure rules as landlords if their cameras have microphones
• Remove cameras when they vacate the unit unless the lease provides otherwise

Ring Doorbells and Smart Cameras in Rentals

Video doorbells and smart cameras are increasingly common in rental properties. In Massachusetts:

• Tenants can generally install a doorbell camera on their apartment door
• Landlords may restrict camera installation in lease terms
• Cameras with audio that capture conversations in hallways should have posted signage
• Landlords cannot prohibit tenants from having cameras inside their own units as a general rule, though specific lease provisions may apply

Hidden Cameras in Rental Properties

The Law Is Clear: Hidden Cameras in Units Are Illegal

Hiding cameras inside a tenant's apartment violates multiple Massachusetts laws:

• Section 99: If the camera captures audio of tenant conversations, it constitutes secret interception (felony: up to 5 years in prison, $10,000 fine)
• Section 105: If the camera is placed in areas where the tenant has a privacy expectation, it constitutes voyeurism (up to 5 years in prison, $5,000-$10,000 fine)
• Mass. Gen. Laws ch. 214, Section 1B: Hidden cameras in rental units violate the Massachusetts right of privacy, creating civil liability

What to Do If You Find a Hidden Camera

If you are a tenant and discover a hidden camera in your apartment:

1. Document the camera with photographs showing its location and any wiring
2. Do not remove or tamper with the camera until law enforcement has documented it
3. Contact local police immediately to file a report
4. Contact the Massachusetts Attorney General's Office consumer protection division
5. Consult a tenant rights attorney about civil remedies including lease termination, damages, and injunctive relief
6. File a complaint with your local housing authority or code enforcement office

Penalties for Landlord Surveillance of Tenants

Offense	Statute	Maximum Prison	Maximum Fine
Hidden camera with audio in tenant unit	Section 99	5 years (state prison)	$10,000
Hidden camera in private area (restroom, bedroom)	Section 105	5 years (state prison)	$5,000-$10,000
Invasion of tenant privacy	MGL ch. 214, s.1B	Civil damages	Actual damages + attorney fees

Using Recordings as Evidence in Housing Disputes

Legally Recorded Evidence

Recordings made in compliance with Massachusetts law can be valuable evidence in housing disputes:

• Maintenance requests: A recorded conversation where you tell your landlord about a needed repair documents the request
• Harassment: A recorded conversation capturing landlord harassment provides evidence for a complaint
• Lease violations: A recorded discussion about lease terms can clarify disputed provisions
• Habitability issues: A recorded inspection documenting building code violations supports a housing court claim

The Simpson Ruling and Housing Cases

The 2025 Simpson v. Boston Public Health Commission Superior Court ruling found that illegally obtained recordings may be admissible in civil cases. This means that a secretly recorded conversation between a landlord and tenant could potentially be admitted as evidence in housing court, even though making the recording was a felony.

However, this does not make secret recording advisable. The person who made the illegal recording still faces:

• Felony criminal charges (up to 5 years in prison, $10,000 fine)
• Civil liability under Section 99 Q ($100 per day or $1,000 minimum, plus attorney fees)
• Potential counterclaims that overshadow the original housing dispute

Better Alternatives to Secret Recording

Instead of risking felony charges, tenants and landlords should:

• Communicate in writing through email, text messages, or certified mail, which creates an automatic record
• Record openly by announcing the recording at the start of every conversation
• Bring a witness to important meetings or inspections
• Use the Massachusetts housing court system, which has processes for documenting disputes
• Contact Massachusetts Legal Aid for assistance with housing disputes

Landlord Entry and Recording Rights

Landlord Right of Entry

Under Massachusetts law, landlords have the right to enter rental units for specific purposes with proper notice. Mass. Gen. Laws ch. 186, Section 15B and common law establish that landlords may enter for:

• Emergency repairs
• Agreed-upon maintenance and repairs
• Showing the unit to prospective tenants (with reasonable notice)
• Inspections required by law

Recording During Entry

When a landlord enters a tenant's unit, neither party can secretly record the interaction:

• Landlords cannot use hidden cameras or recorders during inspections
• Tenants cannot secretly record the landlord during a maintenance visit
• Either party can openly record by announcing the recording before the interaction begins
• Both parties should document the condition of the unit through photographs (which do not trigger the wiretap statute) rather than secret audio recording

Massachusetts Recording Laws by Topic

Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras

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